Cardiff directions hearings *POST HERE*

[SPONGEBOBSQUAREPANTS!]

I have also been sent a letter from Barclays, like Olden saying that they beleive that their charges are legal fair and transparent, well I gotta say I am now thinking because of this that I will now stop my claim against them......................NOT !!!!!!!!

[SPONGEBOBSQUAREPANTS!]

I am surprised they havent charged me £25.00 to send the letter Maybe they have

[smutley]

lol sbobpants next letter I'll have from them will be to call in my overdraft no doubt !

[claret74]

Smutley,

Thanks for the info regarding the any other supporting evidence bit. I have typed the following and would be grateful if you could look it over. I am no legal brain and don't want to let myself down at this point.

 

 

 

Name

 

 

-and-

 

 

 

 

 

BARCLAYS BANK PLC

 

 

Defendant

 

 

I hereby include this information to support my application to have the stay on my claim against Barclays Bank Plc lifted.

This information shows that Barclays Bank Plc were intending to settle my claim out of Court but due to Mr Quinn’s inability to reply to my phone call or email, I am now in the position of having my claim stayed pending the ultimate determination of the Commercial Court litigation.

• On the 22nd May 2007 I spoke with Paul Quinn from Barclays litigation team, who informed me that he would be settling my claim before it got to court.
  
• He informed me that I should contact him again 3-4 weeks prior to the Court date of the 14th August 2007.
  
• I attempted to contact him and his colleague Krysta Campbell by phone on the 17th July. I left messages on their answer phones but received no reply.
  
• I emailed Paul on the 25th July and 30th July and received no reply.
  

• I emailed Dino Papaevripides on the 30th July and received an immediate reply.

  
  I, the Claimant, believe all facts stated to be true.
  Signed:
  Dated:

  
  

Thanks,

Clare

[smutley]

Hi Clare, thats fine, only where you have put he and him put his full name Paul Quinn, other than that (but if you have already typed and printed Id leave it as it is) its good - wish I had added that fact to my application as Tom Hickey told me the same 2 weeks prior to the annoucement of the test case! Lets hope that all our combined efforts get the stay lifted - when I spoke with the court today they could not tell me how long it would be before the Judge looked at our objections and also said that we had to prove over other cases why the stay should be lifted for us. Also the clerk said that we can just write into the court with any reasoning to get it lifted for example a list of all the hearings that are currently being heard around the country, where the Judge is not automatically ordering a stay - so next week I will be scouting around this site to find cases that have been heard eg the one in Kingston. Good luck with your application x

Jenny

[kashie]

Recieved the leaflet from Barclays this morning what caught my eye is the last paragraph of the letter.

 

Qoute:

 

As a general matter, we will ensure that your claim will not be adversely affected by the stay of your court proceedings.

 

What does this mean?????

[claret74]

Smutley,

Thanks for the reply.

I was told the exact same thing as you when I spoke to a clerk in Cardiff. She said and I quote, "you have to prove why your case is more deserving than anyone else in the same position." When I posted this response on here Gary H posted this response.

 

That is absolutely shocking and disgraceful thing for a court clerk to say. Its nothing to do with her. Her opinion is utterly irrelevant, she is merely an office worker with no bearing or special insight into judicial decisions whatsoever. In fact, giving a legal opinion like that is against the rules and you could make a complaint against her if you wanted to.

 

Only the judge will decide whether or not the stay will be lifted. There are excellent grounds on which to apply and you would stand a reasonable chance of success. I would suggest that she is merely attempting to put people off in order to save additional workload.

 

The advice from CAG is to apply, if you can afford to, and if you are comfortable doing so. £65 is the fee if you want a hearing. You can request that the application is dealt with without a hearing for a fee of £35.

 

Therefore I have just followed the advice given here (which has been great) and sent the standard application to lift the stay letter.

Good luck.

[claret74]

Kashie,

I read the same thing at the end of my letter (well it was sent to my husband actually, who is not claiming anything!).

Surely though our claim is being adversly affected by this stay. THEY WERE GOING TO SETTLE OUT OF COURT AND NOW THEY'RE NOT! How is that not being adversly affected???

Perhaps we should include this paragraph in our applications to have the stay lifted letters?

[kashie]

Claret,

That's how i read it but too late to put in my application as already sent!!

[kashie]

Am I correct in believing that the stays can only be applied to banks and not credit card claims???

 

I had two directions hearing scheduled for 14th August at Cardiff CC but one was for CitiFinancial for a credit card claim. I recieved a letter today informing me that this has also been stayed. I am wondering if maybe the court has made a boo boo here and just sent a standard letter to everyone with claims due for this date.

 

Any advice???

[GaryH]

Am I correct in believing that the stays can only be applied to banks and not credit card claims???

Correct.

 

Whether the court have done it mistanenly or not I don't know, perhaps you'd better ring them to find out. If they are deliberately attempting to stay CC claims as well, then you need to apply for its removal solely on the basis that the test case is nothing to do with credit cards. Credit cards are run on totally different T&C's - therefore the issues are fundementally differant. The test case will not be binding on credit card charges, so any stay in relation to it is utterly pointless and irrelevant.

[lateralus]

hi neighbours: hsbc forum here- we are trying to find out what's going on at cardiff on the 14th - lots have had their notification of stays and lots have written back with the letter regarding the removal. now the question - are you all going to the court on wednesday or not - we are having a little discussion as to what is best - right now - we need your input on this thread - Kelley V's HSBC if you are so inclined - thanks for that! and good luck everybody.

[smutley]

afraid I dont know Kashie, other than the clerk saying 'the hearing on the 14th is vacated' you better ring again on Monday to double check. (edited sorry didnt see GaryH's reply was on wrong page!)

 

With regard to Clarets post....""you have to prove why your case is more deserving than anyone else in the same position." We can simply write in with more objections and also the Quote:

 

As a general matter, we will ensure that your claim will not be adversely affected by the stay of your court proceedings.

 

and anything else we can find & think of... like all the cases that are still going ahead ......lets put our thinking caps on and make a list first and then all send similar letters in.. what do you think?

[freakyleaky]

BUMP!

Any help on this would be really appreciated. What we want to know is, is it worth turning up on the day with application for removal of stay in hand!

Thanks in advance!

 

Kelley V's HSBC

[smutley]

hi neighbours: hsbc forum here- we are trying to find out what's going on at cardiff on the 14th - lots have had their notification of stays and lots have written back with the letter regarding the removal. now the question - are you all going to the court on wednesday or not - we are having a little discussion as to what is best - right now - we need your input on this thread - Kelley V's HSBC if you are so inclined - thanks for that! and good luck everybody.

 

 

Will take a look at the thread.... but please if you are going dont go on Wednesday cos the 14th is next TUESDAY!!

[smutley]

went to the HSBC thread and posted this..........

 

Re: Kelley V's HSBC

Quote:

Originally Posted by freakyleaky

According to welshsteelman the court told him

"If appeals are made they are likely to take place on teh original court date and there will be no further charge at this time."

So as there are lots of appeals that have gone in and are yet to go in, does this not mean that if the applicants have asked for a hearing, that the hearing for the application will be on the same day as the original hearing?

 

Hi, popped over from the Cardiff Thread, why dont you join us in there as its all about the cardiff 14th hearing.... when I rang the court and spoke to a clerk on Friday (was looking for my stay letter which eventually arrived this morning)... she told me that the hearing was vacated at that there was no hearing, that the judge would not be there.... she said that the judge would look at our stay applications/letters in due course, could not give any indicated of how long (obviously as its not up to her!) but that we would receive a court notifcation at some point.... not encouraging but think that we would be wasting our time turning up.. but what do you guys think... will post this on the cardiff thread as well so we can all meet up in one place!!

[kelley]

Thanks Smutley, Im gonna hang round you guys to see whats happening over the next few days,

Also is there a template letter I can use to send to the MOR as Im not the most brightest person on this forum lol, but Ill be able to reword things to my individual needs.

And thanks for all the responces on my thread

Kelley

[1234debt]

Hello again!

 

I'm gonna go on Tuesday as it's probably better to be safe than sorry. Do you think it's worth taking my court bundle with me though? I know it's only a prelim hearing but from reading a few forums quite a few cases have been settled at prelim and I'm ever hopeful plus it won't feel like I've totally wasted a Saturday night staying in printing off what feels like millions of pages!

[smutley]

Hi Kelley, nice to meet you.. dont know if there is a standard letter to the MOR but will see if I can find anything later ... what I was thinking is as we all have sent in the standard M244 we should all send in addtional letters with more aurguements see my post 463.. so if we can all list any aurgement or point we think of then we can all send in similar letters

[smutley]

hi 1234debt, dont think theres any point going.. but read all the posts and have a look at the Kelley V's HSBC as well, from what I was told there is no hearing or judge... see what you think?

[olden]

Garyh I quite agree with what you say, basically there should be no distinction whatsoever!! one thing, about the fee for the application £65 and £35, we were told by the clerk of the court that the fees have been waived no need to pay.

[olden]

Hello again!

 

I'm gonna go on Tuesday as it's probably better to be safe than sorry. Do you think it's worth taking my court bundle with me though? I know it's only a prelim hearing but from reading a few forums quite a few cases have been settled at prelim and I'm ever hopeful plus it won't feel like I've totally wasted a Saturday night staying in printing off what feels like millions of pages!

 

 

I phoned the court twice, the second time was to establish whether or not to turn up and I was told that there would be no cases the judge would not be there and ther hearing is vacated, so no point in going then?

[olden]

afraid I dont know Kashie, other than the clerk saying 'the hearing on the 14th is vacated' you better ring again on Monday to double check. (edited sorry didnt see GaryH's reply was on wrong page!)

 

With regard to Clarets post....""you have to prove why your case is more deserving than anyone else in the same position." We can simply write in with more objections and also the Quote:

 

As a general matter, we will ensure that your claim will not be adversely affected by the stay of your court proceedings.

 

and anything else we can find & think of... like all the cases that are still going ahead ......lets put our thinking caps on and make a list first and then all send similar letters in.. what do you think?

 

Personally I dont think that is right I agree with Garyh on this, the clerk is in no position to say anything, that paragraph cannot be right it isn't a question of your case being more deserving than someone else simply because of the extra evidence supplied, there should be no distinction between cases as long as an application has gone in surely they should all be treated the same?

[smutley]

exactly the point I was making Olden, the clerk had no right to advise, thats the objection!! So what do you think, as the clerk also said, just write in with your objections.... I will be doing that for sure!!

Olden I can see how you mis read my post, but what I meant was that the fact that the clerk said that is one of the objections we can write in about, there should be NO distighsion between individual cases being heard, totally agree with you

[olden]

yes smutley I will write as well but I do need some sort of template as I am not sure what sort of objections we are going to raise in all. Oh and by the way I have been over having a look on the kelley site and not to sound too dim but whats this about the MOR and who exactly is it? :???: